Sidewalk Vending Recommendations
City Council Meeting – May 9, 2023
Sidewalk Vending Recommendations
• In June 2022 Lisa Wise Consulting (LWC) was
tasked with assisting the City in updating its
regulations and policies pertaining to sidewalk
vendors.
• This included an audit of the existing code, a case
study of comparable cities, engaging with internal
stakeholders and creating a set of
recommendations for future action.
• The culmination of this work is LWC’s
Considerations and Recommendations Report.
Lisa Wise Consulting’s Scope of Work
Background
2Sidewalk Vending Recommendations
SB 946 – Safe Sidewalk Vending Act
3Sidewalk Vending Recommendations
• Changed the law to decriminalize sidewalk vending
• According to SB 946, a “sidewalk vendor” is “a person who sells food or merchandise from a pushcart, stand,
display pedal-driven cart, wagon, showcase, rack, or
other nonmotorized conveyance, or from one’s person
upon a public sidewalk or other pedestrian path.”
• For the purposes of this discussion, “sidewalks” and
“other pedestrian pathways” will be considered to be
paved surfaces primarily for pedestrian travel.
• The City is limited by SB 946 in the types of regulations it may impose on food and merchandise sidewalk vendors.
• Regulations must be for health, safety, or welfare
reasons.
SB 946 – Safe Sidewalk Vending Act
4Sidewalk Vending Recommendations
• Require permit or license and request certain information about the business’ operations. A health permit is required.
• Limit the hours of operation in a manner that is not unduly restrictive. • Prohibit stationary sidewalk vending in residential areas in areas zoned exclusively residential. (Roaming sidewalk vendors cannot be prohibited in areas zoned exclusively residential.) • Prohibit sidewalk vending near permitted farmers’ markets, swap meets, and temporary special permit areas, such as an encroachment permit or special event permit. • Adopt requirements within parks that are necessary to prevent an undue concentration of commercial activity which would unreasonably interfere with the scenic and natural characteristics of a park and to ensure the public’s use and enjoyment of natural resources and recreational opportunities. • Prohibit stationary sidewalk vendors from vending in parks only if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. • Require sanitary conditions.
• Require vendors to comply with the Americans Disability Act. • Restrict any vending other than food or merchandise.
Under SB 946, cities may:
SB 946 – Safe Sidewalk Vending Act
5Sidewalk Vending Recommendations
• Require sidewalk vendors to operate in a specific area or within certain parts of the public right-of-way, unless the local authority is restricting vending to protect the community’s health, safety, or welfare or as designated by SB 946. • Require sidewalk vendors to obtain consent or approval of any nongovernmental entity or individual in order to vend.
• Restrict the number of sidewalk vendors, unless the city must restrict the number of vendors to protect the community’s health, safety, or welfare. • Adopt additional requirements regulating the time, place, and manner of sidewalk vending unless the requirements are directly related to objective health, safety, or welfare concerns. Perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
Under SB 946, cities may not:
6Sidewalk Vending Recommendations
Outreach
Results
7Sidewalk Vending Recommendations
• Nine interviews were held with various City Departments to create an understanding of the current issues around sidewalk vending • Departments interviewed have at least some interaction with sidewalk vendors ranging from having them as vendors to issuing permits and citations
• Participants: Development Services, Economic Development, Human Resources, Long Beach Fire, Long Beach Police, Public Works, Health and Human Services, Public Works, Financial Management and Parks, Recreation and Marine Departments and City Attorney and City Manager (Special Events, Equity) Offices
Internal Stakeholders
Outreach Results
8Sidewalk Vending Recommendations
Outreach Results
• Community-wide survey Nov 11 – Dec 18, 2022 (2,312 responses) o English, Spanish, Khmer, Tagalog
o Online, physical copies available at all libraries, in-person canvassing • Seven focus groups (44 participants, included sidewalk vendors, residents, CBOs, businesses) + 342 additional comments and conversations
• Two Community Meetings Jan 2023 (167 participants)
• Health Permit Workshop Dec 2022 (60+ participants)
• Longbeach.gov/sidewalkvending, including email notification list (1,300+ subscribers) • Press releases, media coverage, social media campaign • Newsletter and email promotion citywide, Council Offices, neighborhood groups, businesses and BIDs, CBOs
• Long Beach Utilities Bill message (127,887 bill statements) • Economic Development Commission
External Stakeholders
9Sidewalk Vending Recommendations
Outreach Results
• Sidewalk vendors provide alternative
options to food that is available, and in food
deserts, provide some of the only nearby
food access.
• Existing regulations and procedures are
unclear and difficult to consistently enforce.
• Current City staff resources and capacity
present an enforcement challenge.
• A comprehensive Sidewalk Vending
Program and additional staffing could ease
enforcement challenges.
• Concerns regarding trash and debris left by
patrons.
Common Themes
• Concerns with ADA accessibility and
potential areas of traffic concerns.
• Concerns with noise and nuisance issues.
• Sidewalk vending provides entrepreneurial
opportunities, though some are concerned
that sidewalk vendors do not currently
contribute to the tax base and have fewer
fees and regulations when compared to
brick-and-mortar businesses.
• Health and safety concerns, including food
safety, proper disposal of grease and
products, and the safety of sidewalk vendors.
10Sidewalk Vending Recommendations
Regulation
Recommendations
11Sidewalk Vending Recommendations
• Per SB 946, food and merchandise sidewalk vendors will generally be allowed to operate on public sidewalks and pedestrian pathways • Recommendations to protect public health, safety, and welfare • Prevents blocking of sidewalks
• Creates clear rules for vendors to operate under
• Provides business legitimacy through a business license • Ensures health safety through a City Health Permit
• Facilitates education and compliance by providing clarity • Recommendations allow for additional vending opportunities in parks and beaches as outreach indicated these were preferable areas Overview
Regulation Recommendations
12Sidewalk Vending Recommendations
• Stationary sidewalk vendors shall not be
permitted to operate in an area zoned
exclusively residential.
• No vending on properties that contain protected
habitat and mitigation areas such as:
o DeForest Park and Wetlands
o Willow Springs Park Wetlands
o Los Cerritos Wetlands
o Colorado Lagoon
o Jack Dunster Marine Biological Reserve
o Sims’ Pond Biological Preserve
o Golden Shore Marine Biological Reserve Park
o El Dorado Nature Center.
• No vending on any City property subject to a
lease or operating agreement such as:
o Long Beach Convention Center
o Shoreline Village
o Pike Outlets
o Rainbow Harbor Esplanade, including Shoreline Aquatic Park and Pine Avenue Pier
o Rainbow Lagoon Park
o Rancho Los Alamitos
o Rancho Los Cerritos
o City permitted/leased community gardens
o City-owned municipal golf courses
Prohibited Operating Areas
13Sidewalk Vending Recommendations
• No vending in the public right-of-way (defined as
public easement for streets, alleys, or other areas
other than a sidewalk), or any area that blocks
the safe flow of pedestrians or vehicles, unless
otherwise allowed.
• All vendors must maintain a minimum 4 feet of
clear sidewalk/pedestrian path width as a path
of travel, except for a roaming sidewalk vendor to
briefly conduct a sale. Even during such instances
as roaming sidewalk vendors stopping to briefly
make a sale, all sidewalk vendors must
immediately move to provide access to the
sidewalk so as not to impede the flow of
pedestrian or other traffic.
• Sidewalk vendors may vend in the parkway (the
area adjacent to a roadway between the sidewalk
line and the roadway), so long as vending is only
done on areas where plants are not present, no
damage is done to the parkway landscaping, it is
safe to vend in the parkway, and all other
requirements under this ordinance are met.
• No vending on any public property that does not
meet the definition of a public sidewalk or
pedestrian path unless otherwise allowed,
including, but not limited to, any alley, bike or
shared use path, bridge, marina, median, square,
courtyard, street, street end, or parking lot,
unless otherwise allowed.
• No vending on any slope greater than 5 percent
or where signage indicates that wheels must be
cramped to the curb.
Distance Requirements
14Sidewalk Vending Recommendations
• No vending in any location that obstructs traffic
signals or regulatory signs.
• No vending within 18 inches of the edge of a
curb.
• No vending within 5 feet of an above ground
structure in sidewalks, pedestrian paths, and the
public right-of-way (such as utility boxes, parking
meters, and streetlights).
• No vending within 5 feet of a bus or Metro stop.
• No vending within 10 feet of a driveway, alley
approach or marked crosswalk.
• No vending within 10 feet of an ATM, or
outlined shared e-scooter / bike parking.
• No stationary sidewalk vending within 10 feet of
an entrance or exit to a building / structure /
facility, fire escape or emergency exit.Roaming
sidewalk vendors shall not block these locations.
• No stationary sidewalk vending within 15 feet of
a Fire Department connection, fire hydrant, fire
lane or any fire backflow preventer. Roaming
sidewalk vendors shall not block these locations.
• No vending within 15 feet of an outdoor dining,
patio area, sidewalk dining or permanent
parklet, or location with a valid encroachment
permit.
• No food vending within 15 feet of a public
restroom.
• No vending within 15 feet of a street
intersection, loading zone ADA curb ramp / curb
cut, parking space or access ramp designed for
individuals with disabilities.
Distance Requirements
15Sidewalk Vending Recommendations
Distance Requirements
16Sidewalk Vending Recommendations
• No vending within 25 feet of a Beach Access
point.
• No stationary sidewalk vending within 40-feet of
another stationary sidewalk vendor.
• No vending within 50 feet of a railroad crossing.
• No vending within 100 feet of the vehicle
entrance of any fire station, police department,
hospital, lifeguard tower, lifeguard
headquarters, or any other emergency response
structure or path.
• No vending within 100 feet of a posted sidewalk
or street closure, unless otherwise permitted.
• No vending within one block of a school within
30 minutes before opening hours to 30 minutes
after closing hours.
• No vending within 500 feet of any permitted
special event, swap meet, farmers’ market or
filming permit
In areas zoned as parks (including parks, beaches,
and piers):
• Stationary sidewalk vendors are not permitted
within 500 feet any concessionaire that has
signed an agreement with the City that exclusively
permits the sale of food or merchandise by the
concessionaire.
• No vending within 15 feet of monuments,
statues, memorials, or art installations.
• Sidewalk vendors shall not vend in the parking
lots of any public parks.
Distance Requirements
17Sidewalk Vending Recommendations
In areas zoned as parks (including parks, beaches,
and piers):
• Stationary sidewalk vendors are not permitted to
vend on bike or shared paths, but may vend
within the space 10-feet off of path, measured
perpendicular to the path, so long as it is safe to
do so, customers do not queue on the path, and
all other requirements under the Ordinance are
met.
• Stationary sidewalk vendors may vend within the
space 10-feet off of a pedestrian path, measured
perpendicular to the path, so long as it is safe to
do so and customers do not queue on the path,
and all other requirements under the Ordinance
are met.
• Roaming sidewalk vendors are not permitted to
vend on shared paths but may vend on
pedestrian paths and may stop to briefly conduct
a sale. Even during such instances as roaming
sidewalk vendors stopping to briefly make a sale,
all sidewalk vendors must immediately move to
provide access to the pedestrian path so as not to
impede the flow of pedestrian or other traffic.
• Roaming sidewalk vendors may not vend on
greenspace and shall not interfere with any
sporting events or the free use of any designated
sport play areas or open recreation space and
shall not approach spectators who are watching a
sporting activity to sell food or merchandise.
• Sidewalk vendors shall not use any vehicle to
drive onto pathways, turf, or sand areas.
• Sidewalk vendors shall take appropriate care to
not damage turf, irrigation or any other
infrastructure.
Distance Requirements
18Sidewalk Vending Recommendations
Operating Hours
• Roaming vending activities on residential blocks
may occur between the hours of 7:00 a.m. and
8:00 p.m. or sunset, whichever is later.
• Vending activities on non-residential blocks,
excluding parks, may occur between 6:00 a.m.
and 10:00 p.m. or the operating hours imposed
on other businesses on the same block,
whichever is least restrictive. (According to SB 946,
sidewalk vendors may not be required to close
earlier than any other business on the same
street.)
• Vending is permitted between 8:00 a.m. and
closing time of the park or sunset in parks where
there is no designated closing time.
Operating Requirements
Sidewalk vendors shall:
• Operate in a space no larger than 80 square feet.
This would be equivalent to a 16x5 foot area.
• Clean up all trash, and debris, spills, grease, and
oil, related to the sidewalk vending activities
within a 10-foot radius around their vending
area.
• Maintain adequate trash containers in or on their
sidewalk vending conveyance or location.
• Only set up a chairs and/or umbrellas for the sole
use of the sidewalk vendor and the umbrella
cannot exceed a maximum height of eight (8)
feet.
Operating Conditions
19Sidewalk Vending Recommendations
Distance Requirements
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Distance Requirements
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Operating Requirements
Sidewalk vendors shall:
• Comply with all applicable laws relating to the
employment of minors. Any minor assisting with
or engaged in vending shall be accompanied by a
sidewalk vendor with valid permits and licenses.
Any and all actions of the minor related to
vending, including any violations committed by
the minor, are attributable to the sidewalk
vendor.
• Follow the Expanded Polystyrene Ordinance.
• Follow the Noise Ordinance.
• Follow the Public Facilities Disposal of Refuse and
Pacific Ocean Area Sanitation requirements.
Sidewalk vendors shall not:
• Vend to any customers in moving vehicles.
• Rent merchandise to customers.
• Solicit sales by travelling door-to-door on private
property.
• Set up tables, chairs, umbrellas or canopies for
customer use.
• Hang or affix any items to above ground
structures, fences, gates, or onto public or private
buildings.
• Display merchandise or food that is not available
for immediate sale.
• Sell any controlled substance, drug, or
pharmaceutical.
Operating Conditions
22Sidewalk Vending Recommendations
Operating Requirements
Sidewalk vendors shall not:
• Sell any food or merchandise that requires
verification of a minimum age for purchase, such
as alcohol, tobacco, tobacco products, or firearms.
• Sell any vaping or drug paraphernalia.
• Sell adult-oriented material or animals.
• Sell counterfeit, stolen, or illegal goods.
• Sell weapons, including but not limited to: knives,
guns, explosive devices, BB devices, or imitation
firearms.
• Use amplified or non-amplified sound-making
devices in conjunction with vending, such as
speakers, microphones, public address systems,
bells, and chimes.
• Use any electrical, flashing, wind powered, or
animated signs.
• Use an electrical outlet or power source that is
owned by the City or another person other than
the sidewalk vendor.
• Empty their trash into public trashcans.
• Dispose of items or material into the curbs,
gutters, streets, drains or storm drain system or
onto any other public or private property. Items
include but are not limited to: any water or rinse
residue used for vending activities such as cooler
water, ice or food preparation water, food debris,
hot coals or ashes and grease.
• Drive onto or otherwise stage their vehicle on the
curb, parkway or sidewalk to unload sidewalk
vending equipment, materials or personnel.
Operating Conditions
23Sidewalk Vending Recommendations
Sidewalk vendors shall not:
• Fail to comply with all posted parking restrictions.
• Adversely affect the City’s ability to perform municipal functions or furnish City services. • Interfere with the performance of health inspectors/public health officials, police, firefighter, lifeguard and emergency medical personnel services.
• Obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf within the marinas.
• In residential zones only, minors operating vending equipment for a temporary use or selling products for a recognized 501(c)(3) charity for the purpose of fundraising shall be exempt from the requirements of the Ordinance. Access and accessibility provisions would still apply.
Operating Conditions
24Sidewalk Vending Recommendations
• Vendors must obtain and display a business license.
o Recommended $300 business license fee
o Estimated to be full cost recovery
• Vendors selling food or beverages must obtain and display a Long Beach City Health Permit, unless exempt.
o Recommended Permit Fees
▪ $253 tricycles
▪ $300 food service carts without plumbing
▪ $730 food service carts with plumbing
o Plan check fees ranging from $250 - $1,165 based on risk levels associated with the food type o Program estimated to require a $260,000 annual subsidy to keep fees at an affordable level ▪ A subsidy is recommended as full cost recovery may create financial barriers to operators Permitting Requirements
25Sidewalk Vending Recommendations
OPERATIONAL
REQUIREMENTS
EXEMPT –
prepackaged,
properly labeled,
Non- Perishable
Food, (less than 25
sq. ft.)
EX: Chips, Soda
Prepackaged, properly
labeled, Non-Perishable
Food; (greater than 25 sq.
ft.)
EX: Chips, soda, popcorn,
cotton candy
Prepackaged, properly
labeled, perishable Food
EX: Ice cream, boxed
meals, bottled juice
UNPACKAGED FOOD
(Not Handling Raw
Meats, Raw Poultry or
Raw Fish)
EX: Cut fruit, hot dogs,
tamales
UNPACKAGED FOOD
(Handling Raw
Meats, Raw Poultry
or Raw Fish)
EX: Hamburger,
bacon wrapped hot
dogs, taco cart
Health Permit No Yes Yes Yes Yes
Food Handler Card No No No Yes Yes
Food from Approved
Source
Yes Yes Yes Yes Yes
Food Properly Stored Yes Yes Yes Yes Yes
Plan Check No Yes Yes Yes Yes
Hand Sink No No No Yes Yes
3-Compartment Sink No No No No Yes
Water Heater No No No No Yes
Mechanical Refrigeration
for PHF
No No Yes Yes Yes
Commissary Required No Yes Yes Yes Yes
Compact Mobile Food Health Permit - Quick Reference
EXEMPT MIN. REQUIREMENTS MODERATE REQUIREMENTS MAXIMUM REQUIREMENTSEXEMPT MIN. REQUIREMENTS MODERATE REQUIREMENTS 26Sidewalk Vending Recommendations
• Enforcement fines and revocation process for permits related to the Sidewalk Vending Ordinance will comply with SB 946 and SB 972 and will be outlined in detail once an Ordinance is drafted and presented to City Council.
• Violations shall not be punishable as an infraction or misdemeanor. *Must take into consideration the person’s ability to pay the fine. **For the first offense, must take into consideration the person’s ability to pay the fine.
Enforcement
Permitted Vendor Unpermitted
Vendor Permitted Vendor Unpermitted
Vendor
1st Violation $100 $250 Notice of Violation 3x cost of permit, capped at limits for
permitted vendors
until January
2024**
2nd Violation $200 $500 $100
3rd Violation $500 $1,000 $250
Additional
Violations
$500 and may
rescind permit $1,000 $500
Maximum Fines Under SB 946* Maximum Fines Under SB 972
(food vendors only)
27Sidewalk Vending Recommendations
Refining the Education-First Approach*
• In May 2022, the City Council adopted Resolution 22-0072 to prioritize education for sidewalk food vendors operating without a health permit until the State amended the California Retail Food Code (CRFC) to support the operation of small-scale sidewalk food vendors. • Currently involves two educational visits prior to enforcement action. • Effective January 1, 2023, the CRFC was amended to relax certain structural and operational requirements for lower risk sidewalk food vending operations. • Since the Resolution conditions were met, will revise the process immediately following this meeting to continue to educate first but allow enforcement after the first educational visit. • The end of June will be 6 months since SB 972 went into effect and it is anticipated that all vendors will have received education. Staff will return with a resolution to repeal Resolution 22-0072 and return to normal enforcement, which would continue to incorporate education. *Immediate action will be taken in instances of an imminent health safety hazard Enforcement
28Sidewalk Vending Recommendations
Given the mobile nature of sidewalk vending, enforcement can be challenging. Additional resources required are estimated at:
• $40,000 one-time costs in FY 23, no appropriation request at this time o $8,000 for integration of sidewalk vending into the GoLongBeach app o $32,000 for education, outreach, and enforcement
• Estimated minimum annual structural increase of $367,053 Enforcement
• Health and Human Services Department
o $126,914 for an Environmental Health Specialist
for inspection, permitting, and complaint
investigations
o $61,698 for materials and supplies
o $50,000 for enforcement support from the
Public Works and Police Departments
o If permit and plan check fees are set at the
recommended rates, it is anticipated that the
program will require a $260,000 annual subsidy
• Financial Management Department
o $68,441 for a Clerk Typist III to support the
expansion of current staff duties to support the
program
o $50,000 for enforcement support from the
Police Department
o $10,000 for materials and supplies
o If business license fees are set at the
recommended rates, these costs are estimated
to be fully cost recovered
29Sidewalk Vending Recommendations
Next Steps
• The City Council to provide feedback on the recommendations and request that the City Attorney’s Office to develop a draft Ordinance.
• City Attorney’s Office will draft an Ordinance for the Planning Commission’s consideration and subsequently the City Council’s consideration for a first reading. • The City Council will consider the item at a second reading before formally adopting the Ordinance. • Once adopted, education and outreach will occur for the new regulations. • After Ordinance adoption, in the Coastal Overlay Zone:
• New regulations will be on hold until certified for inclusion in the local coastal program by the Coastal Commission.
• Existing regulations, such as requiring a City Health Permit, can still be enforced. • Coastal Commission process is only focused on coastal development inside the coastal overlay zone, roughly within a mile of the coast.
• Process can take 12-18 months.
*Food Truck regulation recommendations are anticipated to be presented to the City Council in Summer 2023 Thank you
Katy Nomura
Deputy City Manager
City Manager’s Office
Daniel Ramirez
Food Truck Coordinator
Public Works
30 To stay updated on sidewalk vending and food
truck regulations, please sign up for email
updates here:
longbeach.gov/sidewalkvending
Sidewalk Vending Recommendations